S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4892--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced  by  M.  of A. KAVANAGH, JAFFEE, P. RIVERA, WEPRIN, PAULIN --
  Multi-Sponsored by  --  M.  of  A.  ARROYO,  CALHOUN,  CLARK,  CORWIN,
  LINARES,  McDONOUGH,  J. MILLER, SALADINO, SIMOTAS, WEISENBERG -- read
  once and referred to the Committee on Judiciary -- recommitted to  the
  Committee  on  Judiciary in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  general  obligations  law and the labor law, in
  relation to the duties of skiers and snowboarders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 18-102 of the general obligations law is amended by
adding a new subdivision 8 to read as follows:
  8.  "SNOWBOARDER"  MEANS ANY PERSON WEARING A SNOWBOARD AND ANY PERSON
ACTUALLY ON A SKI SLOPE OR A TRAIL  LOCATED  AT  A  SKI  AREA,  FOR  THE
PURPOSE OF SNOWBOARDING.
  S  2.  Subdivisions  13  and 14 of section 18-105 of the general obli-
gations law, as added by chapter 711 of the laws of  1988,  are  amended
and a new subdivision 15 is added to read as follows:
  13.  To  report  any  personal  injury to the ski area operator before
leaving the ski area; [and]
  14. Not  to  willfully  remove,  deface,  alter  or  otherwise  damage
signage,  warning  devices or implements, or other safety devices placed
and maintained by the ski area operator pursuant to the requirements  of
section 18-103 of this article[.]; AND
  15.  NOT  TO ENGAGE IN DOWNHILL SKIING IN ANY AREA UNLESS HE OR SHE IS
WEARING A PROTECTIVE HELMET.  THE PROVISIONS OF THIS  SUBDIVISION  SHALL
APPLY ONLY TO SKIERS UNDER EIGHTEEN YEARS OF AGE.
  S  3.  The  general obligations law is amended by adding a new section
18-105-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07333-02-2

              

A. 4892--A                          2

  S 18-105-A. SNOWBOARDERS; PROTECTIVE HELMETS. NO PERSON UNDER EIGHTEEN
YEARS OF AGE SHALL ENGAGE IN SNOWBOARDING IN ANY AREA UNLESS HE  OR  SHE
IS WEARING A PROTECTIVE HELMET.
  S  4.  The  opening  paragraph  of section 18-106 of the general obli-
gations law, as added by chapter 711 of the laws of 1988, is amended  to
read as follows:
  It  is  recognized  that  skiing [is a] AND SNOWBOARDING ARE voluntary
[activity] ACTIVITIES that may be hazardous regardless of  all  feasible
safety measures that can be undertaken by ski area operators. According-
ly:
  S  5.  Paragraphs  c  and  d of subdivision 1 of section 18-106 of the
general obligations law, paragraph c as added by chapter 711 of the laws
of 1988 and paragraph d as amended by chapter 322 of the laws  of  1989,
are amended and two new paragraphs e and f are added to read as follows:
  c.  To  make  available at reasonable fees, as required by subdivision
thirteen of section 18-103 of this article,  instruction  and  education
for  skiers  relative  to the risks inherent in the sport and the duties
prescribed for skiers by this article, and to conspicuously post  notice
of  the  times and places of availability of such instruction and educa-
tion in locations where it is likely to be seen by skiers; [and]
  d. To post notice to skiers of the right to a refund to the  purchaser
in  the  form  and  amount  paid  in the initial sale of any lift ticket
returned to the ski area operator, intact and unused,  upon  declaration
by  such  purchaser that he or she is unprepared or unwilling to ski due
to the risks inherent in the sport or the duties imposed upon him or her
by this article[.];
  E.  TO OFFER FOR SALE OR RENTAL PROTECTIVE HEADGEAR AND  PROHIBIT  ANY
SKIER  OR  SNOWBOARDER  UNDER  EIGHTEEN  YEARS OF AGE WHO IS NOT WEARING
PROTECTIVE HEADGEAR FROM SKIING OR  SNOWBOARDING.  SUCH  HEADGEAR  SHALL
MEET  THE  STANDARDS  OF  THE  AMERICAN NATIONAL STANDARDS INSTITUTE AND
STANDARDS SET FORTH IN REGULATIONS PROMULGATED BY  THE  COMMISSIONER  OF
LABOR  IN  ACCORDANCE  WITH  THE PROVISIONS OF ARTICLE TWENTY-SIX OF THE
LABOR LAW; AND
  F. TO POST NOTICE IN BOLD AND CONSPICUOUS TYPE AT THE POINT OR  POINTS
OF  TRANSACTION  THE  FOLLOWING:  "NEW  YORK STATE LAW REQUIRES THAT ALL
SKIERS AND SNOWBOARDERS UNDER EIGHTEEN  YEARS  OF  AGE  WEAR  PROTECTIVE
HEADGEAR."
  S 6. The section heading and subdivision 1 of section 867 of the labor
law,  as amended by chapter 711 of the laws of 1988, are amended to read
as follows:
  Safety [in skiing] ON THE SLOPES code. 1.  The  commissioner,  on  the
advice  of the passenger tramway advisory council as created pursuant to
section twelve-c of this  chapter,  shall  promulgate  rules  and  regu-
lations,  consistent  with  article  eighteen of the general obligations
law, intended to guard against personal injuries to downhill skiers  AND
SNOWBOARDERS  which  will, in view of such intent, define the duties and
responsibilities of downhill skiers AND SNOWBOARDERS and the duties  and
responsibilities  of ski area operators.  SUCH DUTIES SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE PROVISION BY SKI  AREA  OPERATORS  OF  PROTECTIVE
HEADGEAR,  FOR  PURCHASE  OR RENTAL, AND THE REQUIREMENT THAT SKIERS AND
SNOWBOARDERS UNDER EIGHTEEN YEARS OF AGE WEAR PROTECTIVE HEADGEAR.
  S 7. The labor law is amended by adding a new section 867-a to read as
follows:
  S 867-A. PENALTIES. IF THE COMMISSIONER FINDS THAT A SKI AREA OPERATOR
HAS KNOWINGLY VIOLATED PARAGRAPH E OR F OF SUBDIVISION  ONE  OF  SECTION
18-106  OF THE GENERAL OBLIGATIONS LAW, HE OR SHE SHALL IMPOSE A FINE OF

A. 4892--A                          3

ONE HUNDRED DOLLARS FOR THE FIRST SUCH VIOLATION,  TWO  HUNDRED  DOLLARS
FOR  THE  SECOND  SUCH VIOLATION, AND FOR A THIRD OR ANY SUBSEQUENT SUCH
VIOLATION THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, AFTER A  HEAR-
ING  THEREON, SUSPEND THE LICENSE OF SUCH SKI AREA OPERATOR FOR A PERIOD
OF THREE DAYS.
  S 8. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4892--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced  by  M.  of A. KAVANAGH, JAFFEE, P. RIVERA, WEPRIN, PAULIN --
  Multi-Sponsored by  --  M.  of  A.  ARROYO,  CALHOUN,  CLARK,  CORWIN,
  LINARES,  McDONOUGH,  J. MILLER, SALADINO, SIMOTAS, WEISENBERG -- read
  once and referred to the Committee on Judiciary -- recommitted to  the
  Committee  on  Judiciary in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported and referred to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to  amend  the  general  obligations  law and the labor law, in
  relation to the duties of skiers and snowboarders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 18-102 of the general obligations law is amended by
adding a new subdivision 8 to read as follows:
  8.  "SNOWBOARDER" MEANS ANY PERSON WEARING A SNOWBOARD AND ACTUALLY ON
A SKI SLOPE OR A TRAIL LOCATED AT A SKI AREA, FOR THE PURPOSE  OF  SNOW-
BOARDING.
  S  2.  Subdivisions  13  and 14 of section 18-105 of the general obli-
gations law, as added by chapter 711 of the laws of  1988,  are  amended
and a new subdivision 15 is added to read as follows:
  13.  To  report  any  personal  injury to the ski area operator before
leaving the ski area; [and]
  14. Not  to  willfully  remove,  deface,  alter  or  otherwise  damage
signage,  warning  devices or implements, or other safety devices placed
and maintained by the ski area operator pursuant to the requirements  of
section 18-103 of this article[.]; AND
  15.  NOT  TO ENGAGE IN DOWNHILL SKIING IN ANY AREA UNLESS HE OR SHE IS
WEARING A PROTECTIVE HELMET.  THE PROVISIONS OF THIS  SUBDIVISION  SHALL
APPLY ONLY TO SKIERS UNDER EIGHTEEN YEARS OF AGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07333-03-2

              

A. 4892--B                          2

  S  3.  The  general obligations law is amended by adding a new section
18-105-a to read as follows:
  S 18-105-A. SNOWBOARDERS; PROTECTIVE HELMETS. NO PERSON UNDER EIGHTEEN
YEARS  OF  AGE SHALL ENGAGE IN SNOWBOARDING IN ANY AREA UNLESS HE OR SHE
IS WEARING A PROTECTIVE HELMET.
  S 4. The opening paragraph of section  18-106  of  the  general  obli-
gations  law, as added by chapter 711 of the laws of 1988, is amended to
read as follows:
  It is recognized that skiing [is a]  AND  SNOWBOARDING  ARE  voluntary
[activity]  ACTIVITIES  that may be hazardous regardless of all feasible
safety measures that can be undertaken by ski area operators. According-
ly:
  S 5. Paragraphs c and d of subdivision 1  of  section  18-106  of  the
general obligations law, paragraph c as added by chapter 711 of the laws
of  1988  and paragraph d as amended by chapter 322 of the laws of 1989,
are amended and two new paragraphs e and f are added to read as follows:
  c. To make available at reasonable fees, as  required  by  subdivision
thirteen  of  section  18-103 of this article, instruction and education
for skiers relative to the risks inherent in the sport  and  the  duties
prescribed  for skiers by this article, and to conspicuously post notice
of the times and places of availability of such instruction  and  educa-
tion in locations where it is likely to be seen by skiers; [and]
  d.  To post notice to skiers of the right to a refund to the purchaser
in the form and amount paid in the  initial  sale  of  any  lift  ticket
returned  to  the ski area operator, intact and unused, upon declaration
by such purchaser that he or she is unprepared or unwilling to  ski  due
to the risks inherent in the sport or the duties imposed upon him or her
by this article[.];
  E.    TO OFFER FOR SALE OR RENTAL PROTECTIVE HEADGEAR AND PROHIBIT ANY
SKIER OR SNOWBOARDER UNDER EIGHTEEN YEARS OF  AGE  WHO  IS  NOT  WEARING
PROTECTIVE  HEADGEAR  FROM  SKIING  OR SNOWBOARDING. SUCH HEADGEAR SHALL
MEET THE STANDARDS OF THE  AMERICAN  NATIONAL  STANDARDS  INSTITUTE  AND
STANDARDS  SET  FORTH  IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
LABOR IN ACCORDANCE WITH THE PROVISIONS OF  ARTICLE  TWENTY-SIX  OF  THE
LABOR LAW; AND
  F.  TO POST NOTICE IN BOLD AND CONSPICUOUS TYPE AT THE POINT OR POINTS
OF TRANSACTION THE FOLLOWING: "NEW YORK  STATE  LAW  REQUIRES  THAT  ALL
SKIERS  AND  SNOWBOARDERS  UNDER  EIGHTEEN  YEARS OF AGE WEAR PROTECTIVE
HEADGEAR."
  S 6. The section heading and subdivision 1 of section 867 of the labor
law, as amended by chapter 711 of the laws of 1988, are amended to  read
as follows:
  Safety  [in  skiing]  ON  THE SLOPES code. 1. The commissioner, on the
advice of the passenger tramway advisory council as created pursuant  to
section  twelve-c  of  this  chapter,  shall  promulgate rules and regu-
lations, consistent with article eighteen  of  the  general  obligations
law,  intended to guard against personal injuries to downhill skiers AND
SNOWBOARDERS which will, in view of such intent, define the  duties  and
responsibilities  of downhill skiers AND SNOWBOARDERS and the duties and
responsibilities of ski area operators.  SUCH DUTIES SHALL INCLUDE,  BUT
NOT  BE  LIMITED  TO,  THE PROVISION BY SKI AREA OPERATORS OF PROTECTIVE
HEADGEAR, FOR PURCHASE OR RENTAL, AND THE REQUIREMENT  THAT  SKIERS  AND
SNOWBOARDERS UNDER EIGHTEEN YEARS OF AGE WEAR PROTECTIVE HEADGEAR.
  S 7. The labor law is amended by adding a new section 867-a to read as
follows:

A. 4892--B                          3

  S 867-A. PENALTIES. IF THE COMMISSIONER FINDS THAT A SKI AREA OPERATOR
HAS  KNOWINGLY  VIOLATED  PARAGRAPH E OR F OF SUBDIVISION ONE OF SECTION
18-106 OF THE GENERAL OBLIGATIONS LAW, HE OR SHE SHALL IMPOSE A FINE  OF
ONE  HUNDRED  DOLLARS  FOR THE FIRST SUCH VIOLATION, TWO HUNDRED DOLLARS
FOR  THE  SECOND  SUCH VIOLATION, AND FOR A THIRD OR ANY SUBSEQUENT SUCH
VIOLATION THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, AFTER A  HEAR-
ING  THEREON, SUSPEND THE LICENSE OF SUCH SKI AREA OPERATOR FOR A PERIOD
OF THREE DAYS.
  S 8. This act shall take effect on the ninetieth day  after  it  shall
have become a law.